Elder Abuse and Neglect

Personal Injury

California Elder Abuse and Neglect Law

Our seniors are among the most vulnerable members of our community. When a nursing home, assisted living facility, or individual caregiver abuses or neglects an elderly person, the consequences can be severe—and sometimes fatal. At The Law Offices of Farris Ain, we are committed to holding abusers and negligent care facilities accountable. California law provides enhanced remedies specifically designed to protect elders, and we know how to use them.

The Elder Abuse and Dependent Adult Civil Protection Act

California’s Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare and Institutions Code sections 15600 through 15657, provides a comprehensive framework for protecting elders (persons 65 years of age or older) and dependent adults from abuse and neglect. This statute goes beyond ordinary negligence law by providing enhanced remedies that are not available in standard personal injury cases.

Types of Elder Abuse

The Elder Abuse Act recognizes multiple forms of abuse, including:

• Physical abuse: Hitting, striking, pushing, kicking, restraining, or using excessive force against an elder. This includes the inappropriate use of physical or chemical restraints in care facilities.
• Neglect: The failure of a care custodian to provide the basic necessities of life—food, water, clothing, shelter, hygiene, medical care—or the failure to protect an elder from health and safety hazards. Neglect is the most common form of elder abuse in institutional settings.
• Financial abuse: Taking, secreting, appropriating, or retaining an elder’s property or money for wrongful use, or by undue influence. This can include theft by caregivers, scams targeting seniors, or exploitation by family members or those in positions of trust.
• Emotional and psychological abuse: Verbal assaults, threats, intimidation, humiliation, isolation, and other conduct that causes mental suffering to an elder.
• Abandonment: Deserting or willfully forsaking an elder by a person who has the care or custody of that elder.
• Isolation: Acts intentionally committed to prevent an elder from receiving mail, telephone calls, or visitors, or to restrict their access to the outside world.

Nursing Home Neglect

Institutional neglect in nursing homes and assisted living facilities is alarmingly common. Warning signs include:

• Bedsores (pressure ulcers): One of the clearest indicators of neglect. Bedsores develop when a patient is left in the same position for extended periods without being repositioned, and they can lead to life-threatening infections.
• Falls: Repeated, unexplained falls often indicate inadequate supervision, insufficient staffing, or failure to implement proper fall prevention measures.
• Medication errors: Administering incorrect medications, wrong dosages, or failing to administer prescribed medications on schedule.
• Dehydration and malnutrition: Failure to ensure adequate food and water intake, leading to dangerous weight loss, organ damage, and increased vulnerability to infection.
• Infections: Urinary tract infections, sepsis, and other preventable infections that develop due to poor hygiene, inadequate wound care, or unsanitary conditions.
• Inadequate staffing: Many facilities operate with fewer staff than needed to provide safe, competent care, leading to dangerous lapses in attention and treatment.

Enhanced Remedies Under the Elder Abuse Act

One of the most important features of California’s Elder Abuse Act is the availability of enhanced remedies that go beyond what is available in an ordinary negligence case. When a plaintiff proves that the defendant is liable for recklessness, oppression, fraud, or malice in the commission of elder abuse, the court may award:

• Attorney’s fees and costs: The defendant may be ordered to pay the plaintiff’s legal fees, making it financially feasible to pursue claims that might otherwise be too expensive to litigate.
• Punitive damages: Additional damages designed to punish the abuser and deter future misconduct.
• Damages surviving to the estate: In cases where the elder dies as a result of the abuse or neglect, the enhanced remedies (including pain and suffering damages) survive to the estate, unlike in ordinary negligence cases. This is a powerful tool for families seeking justice after a loved one’s death.

Elder Abuse vs. Ordinary Negligence

Understanding the difference between a statutory elder abuse claim and an ordinary negligence claim is critical. In an ordinary negligence case, you must prove only that the defendant failed to exercise reasonable care. In an elder abuse case under W&I Code § 15657, you must show something more: that the defendant acted with recklessness, oppression, fraud, or malice, or that a corporate employer had advance knowledge of the unfitness of an employee and employed that person with a conscious disregard for the rights and safety of others. The higher standard is justified by the significantly enhanced remedies available.

Mandatory Reporting

California law imposes mandatory reporting obligations on certain categories of individuals. Healthcare workers, care custodians, clergy, and other professionals who observe or have knowledge of elder abuse or neglect are required to report it to the appropriate authorities. Failure to report is itself a crime. If you believe abuse is occurring, you can also make a report to Adult Protective Services or local law enforcement.

Signs of Nursing Home Abuse and Neglect

If you have a loved one in a care facility, watch for these warning signs:

• Unexplained bruises, cuts, burns, or fractures
• Sudden or unexplained weight loss
• Poor hygiene, soiled clothing, or unchanged bedding
• Withdrawal, depression, or unusual changes in behavior
• Fear or anxiety around certain staff members
• Bedsores or other signs of prolonged immobility
• Frequent, unexplained hospital visits or emergency room trips
• Missing personal belongings or unexplained financial transactions

Medical Malpractice in Elder Care

Many elder abuse cases involve an element of medical malpractice—medication errors, failure to monitor vital signs, delayed treatment, or misdiagnosis of conditions common in elderly patients. When a nursing home or care facility’s medical staff provides substandard care, the resulting harm may give rise to both elder abuse and malpractice claims, potentially increasing the damages available.

Government Claims and Statute of Limitations

The statute of limitations for elder abuse claims is generally two years, though the discovery rule may extend this period in cases where the abuse was concealed or not immediately apparent. If the care facility is a public entity, you must file a government tort claim within six months of discovering the abuse.

“Our seniors deserve to be treated with dignity and respect. When care facilities fail them, we fight to hold those facilities accountable.”